Deyoe

This is an appeal from an order modifying a judgment and decree in a divorce action in respect to the custody and maintenance of the minor child of the parties. An interlocutory decree of divorce was entered on April 22, 1924, in favor of the plaintiff herein, upon the ground of desertion of the defendant. This decree adopted, and made a part thereof, a property settlement agreement previously entered into between the parties. On May 9, 1925, a final decree was entered in which was included the following: “It is further ordered and decreed that wherein said interlocutory decree makes any provision for alimony or the custody and support of children, said provision be and the same is hereby made binding on the parties affected thereby the same as if herein set forth in full, ...”

The interlocutory decree contained the following provisions :

The property settlement agreement, which is attached to the interlocutory decree, in addition to providing that certain property should be turned over to the plaintiff, provided as follows:

The defendant complied with the property settlement agreement by turning over to the plaintiff certain property, as therein agreed, and paid the agreed…